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  1. #1
    fitz is offline Junior Member
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    Notification of Criminal convictions by employer

    What is the name of your state? California

    Recently, I was arrested for DUI in the state of Nevada. I am a California resident. I was booked at the local county jail and made bail 12 hours later. My arraignment date is May 7, 2008 at the Storey county courthouse in Virginia City, NV.

    I have serveral questions:

    Since my California driver's license was not taken can I still drive in the state of California?

    I understand from the Storey county DA's office that the police report will not be made available until the arraignment date. Is this standard procedure?

    Also, they did not do a roadside breath analyzer test. The authorities did a blood test at the time I was booked at the jail. Is this standard procedure? I understand from the Storey County DA's office it will take 6-8 weeks to analyze the blood sample with the results. So the blood sample with the blood alcohol content might not be available at the arraingnment date. Could this be correct?

    This would be my first DUI offense. If convicted I would have a misdemeanor on my record. Could I evidently have this offense expunged from my record? How would a misdemeanor conviction effect my current and future employment? My current employer has a Notification of Criminal convictions that I must inform them of any convictions within 5 business days? This this legal in the state of California? I do not drive for my current occupation.
  2. #2
    FlyingRon is offline Senior Member
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    You're OK for now. If convicted, you'll probably have your NV driving privs suspended. When CA finds out about this they'll suspend you as well.

    They don't need a roadside test if they have other probable cause that you were intoxicated.

    They don't need the bloodtest to charge/arraign you. If it's not ready before the trial, then they have an issue.

    You won't be eligible for expungement until 3 years after your probation is complete (or 7 if it charged with the dui with accident).

    Can't tell you how it would affect your future jobs.
  3. #3
    paguy88 is offline Member
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    Quote Originally Posted by fitz View Post
    What is the name of your state? California

    Recently, I was arrested for DUI in the state of Nevada. I am a California resident. I was booked at the local county jail and made bail 12 hours later. My arraignment date is May 7, 2008 at the Storey county courthouse in Virginia City, NV.

    I have serveral questions:

    Since my California driver's license was not taken can I still drive in the state of California?

    I understand from the Storey county DA's office that the police report will not be made available until the arraignment date. Is this standard procedure?

    Also, they did not do a roadside breath analyzer test. The authorities did a blood test at the time I was booked at the jail. Is this standard procedure? I understand from the Storey County DA's office it will take 6-8 weeks to analyze the blood sample with the results. So the blood sample with the blood alcohol content might not be available at the arraingnment date. Could this be correct?

    This would be my first DUI offense. If convicted I would have a misdemeanor on my record. Could I evidently have this offense expunged from my record? How would a misdemeanor conviction effect my current and future employment? My current employer has a Notification of Criminal convictions that I must inform them of any convictions within 5 business days? This this legal in the state of California? I do not drive for my current occupation.
    ok on the employment stuff..

    what kind of work do you do?

    Read the fine print.. as to what you have to report...

    example my compnay says a employee only has to report with in 5 days of convition anything that happened on compnay property... nothing else is stated

    Do they run background checks? they just can not run one unless you authoize them to do so... did you sign something saying thay can run one any time?

    Maybe you can get a plea bargin. thus avoiding convition and not have to worry abou telling them anything.

    as to future employment.. millions of people have DUI's and othe convitions for crimes much much worse than a DUI.. and get work.. the DUi is not going to be a gold star or anything but the more time you put between the DUI the better off you are

    best of luck and do keep us updated.
  4. #4
    fitz is offline Junior Member
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    My employer's notification of criminal convictions reads:

    In order to provide a safe environment for our associates and customers, all associates are required to notify the company HR department of all criminal convictions (misdemeanors or felonies other than minor traffic violations). This notification must be made within 5 business days of the conviction. Associates who are convicted of a crime that is deemed to be job related may be subject to reassignment and/or disciplinary action up to and including termination.

    This dui arrest is not company related.

    Must I still notify them?

    The work I do is safety manager and handle/process workers' compensation claims.
  5. #5
    paguy88 is offline Member
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    Quote Originally Posted by fitz View Post
    My employer's notification of criminal convictions reads:

    In order to provide a safe environment for our associates and customers, all associates are required to notify the company HR department of all criminal convictions (misdemeanors or felonies other than minor traffic violations). This notification must be made within 5 business days of the conviction. Associates who are convicted of a crime that is deemed to be job related may be subject to reassignment and/or disciplinary action up to and including termination.

    This dui arrest is not company related.

    Must I still notify them?

    The work I do is safety manager and handle/process workers' compensation claims.

    humm... by reading this and I am not a lawyer..

    I would say how they word it yes. However are you a contract employee?

    First let me say this i would speak with your lawyer on this.

    Next weigh your options.. Do you think once/if you are convited and tell them you will be fired?

    If you do not tell them.. do they ever run criminal background checks?

    Some companies will just fire you some will be understanding you only know your empolyer..

    however, If you think they will fire you on the spot or soon after you tell them... whats the point of telling let them find out on there own thats just me though.

    If they dont run random background checks how will they find out?

    You may tell them find yourself out of work unable to get unemployment and having to interview for jobs then again having to desclose the conviton for the new employer..

    This is the average persons nightmare you are faced with..

    think about this having safety manager in your title... and getting convited of DUI how does that sound?

    Talk to your lawyer
    Last edited by paguy88; 04-17-2008 at 07:20 PM.
  6. #6
    fitz is offline Junior Member
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    Paguy 88:
    What is your professional brackground? Are you speaking from previous experience?
    The response you wrote is just from your personal thoughts on this matter?
  7. #7
    Some Random Guy is offline Senior Member
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    My employer's notification of criminal convictions reads:

    In order to provide a safe environment for our associates and customers, all associates are required to notify the company HR department of all criminal convictions (misdemeanors or felonies other than minor traffic violations). This notification must be made within 5 business days of the conviction. Associates who are convicted of a crime that is deemed to be job related may be subject to reassignment and/or disciplinary action up to and including termination.
    Your agreement is clear cut. DUI is not a minor traffic violation. Therefore you must notify withint 5 business days of conviction. There is no exception to notification for non-job related convictions.

    The job related part of is not explicit, but you must understand it to mean "Associates who are convicted of a crime that is deemed [by management] to be job related", otherwise it is meaningless. DUI may be job related if you ever have to drive as a part of your job, and it is up to managment to decide that.
  8. #8
    paguy88 is offline Member
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    Quote Originally Posted by Some Random Guy View Post
    Your agreement is clear cut. DUI is not a minor traffic violation. Therefore you must notify withint 5 business days of conviction. There is no exception to notification for non-job related convictions.

    The job related part of is not explicit, but you must understand it to mean "Associates who are convicted of a crime that is deemed [by management] to be job related", otherwise it is meaningless. DUI may be job related if you ever have to drive as a part of your job, and it is up to managment to decide that.
    what agreement? Its at will emplyoment at would guess in his state. In terms does he have a contract?

    I would bet and this is me guessing he would get fired... so why tell them? if they dont run background checks how are they going to find out? maybe news paper IDK.

    My first instinct is self preservation.

    then what for the poster?

    no work for being honest no unemployment that policy is only to cover the companies butt for them firing you either way and then the fact the poster will have to explain this all over again in the interview process..

    like I said a nightmare for the average person.

    If it was me, I would not say anything until I speak with my lawyer and then I still might consider waiting until they find out. Odds are high he will just get fired.

    at this point he has not been convited of anything...

    maybe he can get a plea deal and have no convition..

    the op needs to speak with his lawyer on this ASAP.
    Last edited by paguy88; 04-18-2008 at 10:30 AM.
  9. #9
    Some Random Guy is offline Senior Member
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    what agreement? Its at will emplyoment at would guess in his state. In terms does he have a contract?
    There is no indication that the poster has a bona fide employment contract. However, the employee handbook or company policies outline behavior that the employer expects. Failure to follow those policies could result in dismissal.

    I would bet and this is me guessing he would get fired... so why tell them?
    The policy for notification is clear. Yes, he is free to violate company policy. If the company finds out that he has violated policy AND been convicted of DUI, then he is much more likely to be fired than if he only was convicted of DUI.

    The original poster should do nothing until a conviction is in place. Then, it is up to the original poster to weigh the odds:
    What is the chance I will be fired for telling them I have a DUI?
    What is the chance I will be fired for hiding my DUI from them?
    What is the chance my employer will find out about my DUI?
    How many months of paychecks will I get between my DUI conviction and when the company finds out about it?
  10. #10
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    I concur that the OP should do nothing until he has been convicted. After adjudication, he should notify his employer. As an employer, I have a fairly airtight employee handbook and several other documents such as non-disclosure and confidentiality agreements, etc. As for the handbook, all staff sign a tear-out page and another person signs as witness. I'm not sure if challenged in court that it could stand up to all scrutiny, but I'd bet on following the procedures to be safe.

    Here's a thought for the OP..... if you don't tell the employer and they find out via random background checks (very easy and inexpensive right over the internet), or the grape-vine, or whatever, how will you be judged then?
  11. #11
    paguy88 is offline Member
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    Quote Originally Posted by BigMistakeFl View Post
    I concur that the OP should do nothing until he has been convicted. After adjudication, he should notify his employer. As an employer, I have a fairly airtight employee handbook and several other documents such as non-disclosure and confidentiality agreements, etc. As for the handbook, all staff sign a tear-out page and another person signs as witness. I'm not sure if challenged in court that it could stand up to all scrutiny, but I'd bet on following the procedures to be safe.

    Here's a thought for the OP..... if you don't tell the employer and they find out via random background checks (very easy and inexpensive right over the internet), or the grape-vine, or whatever, how will you be judged then?
    Lets say he gets offered a plea deal that lets him avoid conviction..

    should he tell then?
  12. #12
    paguy88 is offline Member
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    Quote Originally Posted by Some Random Guy View Post
    There is no indication that the poster has a bona fide employment contract. However, the employee handbook or company policies outline behavior that the employer expects. Failure to follow those policies could result in dismissal.



    The policy for notification is clear. Yes, he is free to violate company policy. If the company finds out that he has violated policy AND been convicted of DUI, then he is much more likely to be fired than if he only was convicted of DUI.

    The original poster should do nothing until a conviction is in place. Then, it is up to the original poster to weigh the odds:
    What is the chance I will be fired for telling them I have a DUI?
    What is the chance I will be fired for hiding my DUI from them?
    What is the chance my employer will find out about my DUI?
    How many months of paychecks will I get between my DUI conviction and when the company finds out about it?
    one a side note in this economy do you really want to be looking for a job right now?

    My guess is he will get fired(I hope not as the system if convited will already have punished you many many different ways) Of course I could be wrong. They might just say ok and move on. You would be surprised with 1.6 million dui arrests in the USA how many people have been convited or faced with this situation.

    good luck
  13. #13
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    Lets say he gets offered a plea deal that lets him avoid conviction..

    should he tell then?
    If he's not ever convicted, then he does not need to report having been convicted. His agreement states CONVICTIONS, not arrests.
  14. #14
    garrula lingua is offline Senior Member
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    Quote Originally Posted by paguy88 View Post
    ok on the employment stuff..

    what kind of work do you do?

    Read the fine print.. as to what you have to report...

    example my compnay says a employee only has to report with in 5 days of convition anything that happened on compnay property... nothing else is stated

    Do they run background checks? they just can not run one unless you authoize them to do so... did you sign something saying thay can run one any time?

    Maybe you can get a plea bargin. thus avoiding convition and not have to worry abou telling them anything.

    as to future employment.. millions of people have DUI's and othe convitions for crimes much much worse than a DUI.. and get work.. the DUi is not going to be a gold star or anything but the more time you put between the DUI the better off you are

    best of luck and do keep us updated.
    maybe he can get a plea deal and have no convition
    When someone pleads (accepts a plea bargain) nolo, no contest, or guilty they will be convicted.

    paguy, stop saying OP should 'get a plea deal and have no convictions'.
    That's totally incorrect and you are dispensing fairly incomprehensible advice.
  15. #15
    paguy88 is offline Member
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    Quote Originally Posted by garrula lingua View Post
    When someone pleads (accepts a plea bargain) nolo, no contest, or guilty they will be convicted.

    paguy, stop saying OP should 'get a plea deal and have no convictions'.
    That's totally incorrect and you are dispensing fairly incomprehensible advice.
    I DID NOT SAY HE SHOULD GET A PLEA DEAL you did ..maybe he can be offered one... like wet wreckless.. I would rather tell an employer that than I got a DUI. Does not sound so bad.. perhaps my wording was not correct in looking back at the original post.

    MY STATE offers a plea unlike what you posted that they still lead to convitions... ARD.. that leads to NO CONVITION and full expungment if you do everything.

    still a plea of wet wreckless if offered is a heck of a lot better than DUI.

    BTW don't tell me what to say and not to say.

    thank you.
    Last edited by paguy88; 04-18-2008 at 02:16 PM.

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